the collusion but through the impotence of the state in controlling the behaviour of its officials. Hence the need to distinguish between assurances regarding the death penalty and assurances regarding torture. The former are easier to monitor and generally more reliable than the latter.165 The assurances against torture in the Lai case simply restate the government of China’s currently existing treaty obligations. They should be assessed in a separate and rigorous manner, taking into account the distinct differences between determining the credibility and reliability of assurances against the death penalty and assurances against criminal activities amounting to torture and ill-treatment. The Federal Court of Appeal heard the Lai appeal on March 14-15, 2005 in Vancouver. At the time of writing, a decision on the appeal was pending. Europe Sweden Update: Cases of Ahmed Agiza and Mohammed al-Zari The December 2001 transfers of asylum seekers Ahmed Agiza and Mohammed alZari166 from Sweden to Egypt aboard a U.S. government-leased airplane remain among the most controversial cases involving the use of diplomatic assurances by a European government.167 The cases provide the clearest illustration to date of the inherently flawed nature of diplomatic assurances and of post-return monitoring mechanisms. Sweden expelled Agiza and al-Zari, suspected of terrorist activities, following written assurances from the Egyptian authorities that they would not be subject to the death penalty, tortured or ill-treated, and would receive fair trials. Swedish and Egyptian authorities also agreed on a post-return monitoring mechanism involving visits to the 165 Ibid., para. 124. 166 For a discussion of the asylum and refugee protection dimension of the men’s cases see Brian Gorlick, “The Institution of Asylum after September 11,” in Mänskliga Rättigheter: från forskningens frontlinjer, Iustus Fölag, Uppsala, 2003, pp. 2-4. 167 See, “Empty Promises”, pp. 33-36. The so-called “torture plane”—a Gulfstream jet—upon which the men were transferred to Egypt has been spotted in numerous European, Middle Eastern and Asian countries. According to press reports and the jet’s logs, which were acquired by journalists, the plane has also landed at Guantánamo Bay. See Dana Priest, “Jet is an Open Secret in Terror War,” Washington Post, p. A1, December 27, 2004; and John Crewdson, “Mysterious Jet Tied to Torture Flights: Is Shadowy Firm Front for CIA?” Chicago Tribune, January 8, 2005. 57 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)